# YOGRAJ INFRASTRUCTURE LTD v. SSANG YONG ENGINEERING AND CONSTRUCTION CO. LTD

- **Citation:** [2011] 14 S.C.R. 324
- **Court:** Supreme Court of India
- **Decided:** 2011-12-15
- **Case number:** Civil Appeal No.7562 of 2011
- **Bench:** Altamas Kabir, Cyriac Joseph
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/yograj-infrastructure-ltd-v-ssang-yong-engineering-and-construction-co-ltd-27562
- **Pages:** 4

## Headnote

c
International Arbitration Act, 2002:
International application -
Clarificationlcorretion of
clerical errors in the judgment - In para ~5 of the judgment
rendered in Civil Appeal No. 7562 of 2011 on 1st September
D
2011, it was indicated that the SIAC Rules would be the Curial
law of the arbitration proceedings - Held: It is clarified that the
Curial law is the International Arbitration law of Singapore and
not the SIAC Rules.
E

## Text

[2011] 14 (ADDL.) S.C.R. 324
A
YOGRAJ INFRASTRUCTURE LTD.
V.
SSANG YONG ENGINEERING AND CONSTRUCTION CO.
LTD.
I.A. No.3 of 2011
B
IN
Civil Appeal No.7562 of 2011
DECEMBER 15, 2011
[ALTAMAS KABIR AND CYRIAC JOSEPH, JJ.]
c
International Arbitration Act, 2002:
International application -
Clarificationlcorretion of
clerical errors in the judgment - In para ~5 of the judgment
rendered in Civil Appeal No. 7562 of 2011 on 1st September
D
2011, it was indicated that the SIAC Rules would be the Curial
law of the arbitration proceedings - Held: It is clarified that the
Curial law is the International Arbitration law of Singapore and
not the SIAC Rules.
E
CIVIL APPELLATE JURISDICTION
I.A. No. 3 of 2011
F
IN
Civil Appeal No. 7562 of 2011.
From the Judgment & Order dated 31.8.2010 of the High
Court of Madhya Pradesh, Principal Seat at Jabalpur in Civil
Reivision No. 34 of 2010.
Sidharth Khattar. Faisal Zafar, Tarun Shanker, Gagan
G Gupta for the Appellant.
Dharmendra Rautray. Ankit Khushu, Tara Shahani,
Meenakshi for the Respondent.
The Order of the Court was delivered by
H
324
YOGRAJ INFRASTRUCTURE LTD. v. SSANG YONG
ENGINEERING AND CONST CO. LTD.
ORDER
325
ALTAMAS KABIR, J. 1. Interlocutory Application No.3 of
2011 has been filed by SSANGYONG Engineering &
Construction Company Limited in disposed of, Civil Appeal
A
No. 7562 of 201,1, seeking clarification and correction of certain
B
clerical errors in the judgment passed by this Court on 1st
September, 2011, under Order XIII Rule 3 of the Supreme Court
Rules, 1966.
2. Mr. Dharmendra Rautray, learned Advocate-on-Record,
who had earlier appeared for SSANGYONG Engineering &
C
Construction Company Limited, submitted that in paragraph 5
of the aforesaic,I judgment it had been mentioned that his clients
had filed an application before the Sole Arbitrator on 5th June,
2010, for interim relief under Section 17 of the Arbitration and
Conciliation Act, 1996. Mr. Rautray pointed out that the said
D
application had been made not under Section 17 of the above
Act, but under Rule 24 of the SIAC Rules and the same would
be evident from the application made before the sole Arbitrator
in SIAC Arbitration No.37 of 2010, by the Respondent, being
Annexure-8 to the present application.
E
3. Mr. Rautray then submitted that through inadvertence,
in paragraph 35 of the judgment, it has been indicated that
there was no ambiguity that the SIAC Rules would be the Curial
law of the arbitration proceedings and that the same had been
subsequently clarified in paragraph 37, wherein while indicating
that the arbitration proceedings would be governed by the SIAC
Rules as the Curial law, which included Rule 32, which made it
clear that where the seat of arbitration is Singapore, the law of
F
the arbitration under the SIAC Rules would be the International
Arbitration Act (Cap. 143A, 2002 Ed, Statutes of the Republic
G
of Singapore). Mr. Rautray submitted that it was a clear case
of inadvertence in paragraph 35 that needs to be clarified by
indicating ttiat the Curial law is the International Arbitration law
of Singapore and not the SIAC rules.
H
326
SUPREME COURT REPORTS [2011] 14 (ADDL.) S.C.R.
A
4. It was also pointed out that in paragraph 36 of the
judgment in the sentence beginning with the words "In Bhatia
International (supra) .. .", it had been indicated that while
considering the applicability of Part I of the 1996 Act to arbitral
proceedings where the seat of arbitration was in India, this
B Court was of the view that Part I of the Act did not automatically
exclude all foreign arbitral proceedings or awards. Mr. Rautray
submitted that as would be evident from reading the judgment
as a whole, this Court had intended to indicate that where. the
seat of arbitration was "outside:· and not "in" India, the said
c portion of the sentence should read "where the seat of
arbitration was outside India".
5. It was lastly submitted by Mr. Rautray that in paragraph
4 of the judgment it had been mentioned that an application had
been filed by the Appellant under Section 9 of the 1996 Act
D before the District and Sessions Judge, Narsinghpur, Madhya
Pradesh, whereas such an application had been made by the
Respondent.
6. Mr. Rautray submitted that the aforesaid clarification and
E corrections are required to be made in the final judgment.
7. However, on behalf of Yograj Infrastructure Limited it was
urged that except for the clarification sought for with regard to
the Rules applicable to the arbitral proceedings, the other
F clarifications could be made.
8. Having regard to the submissions made on behalf of the
respective parties, we are inclined to agree with Mr. Rautray
that the corrections and clarifications sought for have to be
allowed. In particular, the observations made in paragraphs 35
G and 37, if read together, indicate that. although, when the seat
of arbitration was in Singapore. the SIAC Rules would apply,
the same included Rule 32 which provides that it is the
International Arbitration Act, 2002, which would be the law of
the arbitration. Accordingly, it is clarified that while mention had
H been made in paragraph 35 that the Curial law of the arbitration
YOGRAJ INFRASTRUCTURE LTD. v. SSANG YONG
327
ENGINEERING AND CONST CO. LTD. [ALTAMAS KABIR, J.]
would be the SIAC Rules, what has been subsequently indicated
A
in paragraph 37 of the judgment is that International Arbitration
Act of Singapore would be the law of the arbitrat.ion.
9. The judgment and order dated 1st September, 2011,
be read and understood on the basis of the corrections and
clarifications hereby made in tlli.s order.
8
10. The interlocutory application filed on behalf of
SSANGYONG Engineerin.g & Construction Company Limited,
is allowed and disposed of accordingly.
D.G.·
Interlocutory Application disposed of.
c